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Sunday, May 10, 2015

THE PITNEY BOWES BANK, INC. VS. ABC CAGING FULFILLMENT A-2287-13T3

THE PITNEY BOWES BANK, INC. VS. ABC CAGING FULFILLMENT
          A-2287-13T3
In this case we consider the effect of N.J.S.A. 34:11-31 and -32 on a levy of a debtor's bank account, which the debtor claimed was used to pay employees' wages. As the statutes hold that wages owing at the time of the levy must be paid before the sheriff disburses funds to the creditor, we hold that the wages owed at the time of the levy were exempt funds. On the other hand, we hold that wages that became due after the date of the
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levy, but before the levied funds were turned over to the creditor, were not exempt under N.J.S.A. 34:11-32.